Landlord notification and bankruptcy
April 13, 2012 Leave a comment
Your landlord will not be notified if you file bankruptcy in most cases. That is because most people have month to month tenancies. In these cases there is nothing to report. There is no asset in the bankruptcy estate that is created or affected by a month to month tenancy. Your landlord is not notified and you keep on renting and residing in your unit right through and after the bankruptcy.
If you have a lease then the lease is technically an asset of the bankruptcy estate that the trustee could sell to another party. The reality is that residential leases rarely have any value to anyone so the trustee will not take any action when the lease is reported. In those cases the landlords are notified of the bankruptcy and the lease is broken at the point of filing the bankruptcy.
Now as a tenant you can decide if you want to sign a new lease or continue living in the premises as a month to month tenant. The landlord though cannot evict you for filing bankruptcy as this would be bankruptcy discrimination and that is not allowed. If you are a good tenant and pay your rent and don’t make noise then in the vast majority of cases the landlords will not care if you stay on and continue renting.
Before I was a bankruptcy attorney I handled evictions for landlords. Good quiet tenants who pay their rent and don’t disrupt other tenants simply don’t get evicted. Landlords want these tenants to remain because they are sometimes hard to come by. So pay your rent and don’t disturb the “quiet enjoyment” of the other tenants in the building and you will not get evicted for anything.
Remember that a landlord will not even know you filed if you have a month to mont. With a lease he will need to be notified but then you are protected because he can’t discriminate against you for exercising your federal right to file for bankruptcy. The remember too that if you are a good tenant it is unlikely that the landlord id even looking to evict you.
So don’t despair. You can file bankruptcy and be safe in your home, condo, or apartment.
I am a San Diego bankruptcy attorney. Please visit my website for further information at www.farquharlaw.com or www.freshstartsandiego.com. Or call my office for a free consultation at (619) 702-5015. Call now for free credit report and analysis!
For a free e-book: “13 THINGS YOU SHOULD DO TO PREPARE FOR YOUR BANKRUPTCY FILING” please send a request by e-mail to: email@example.com.